May 27th, 2009

Reports the Patriot-News:

Smokers finally scored a victory in Pennsylvania.

The state Labor Relations Board has ruled that government and other public-sector employers, such as schools, cannot ban outdoor smoking on their properties without their unions’ consent. The ruling comes after years of smokers coming out on the losing end of battles over higher cigarette taxes and laws restricting where they can light up.

The ruling handed down last week settled a grievance filed against the Pennsylvania State System of Higher Education by its faculty and coaches union. It nullified the campuswide smoking bans put into effect last fall on the system’s 14 university campuses.

The labor board, which reversed a ruling by a hearing examiner, said the university system committed an unfair labor practice against the Association of Pennsylvania State College and University Faculties when it interpreted the state’s Clean Indoor Air Act to apply indoors and outdoors and put that policy in place without union approval.

“We’re obviously pleased the full labor board has ruled in our favor,” said Kevin Kodish, a spokesman for the union that represents about 5,800 faculty and coaches.

Read the rest of the story at the Patriot.